The Principal Pancham Khemraj Mahavidyalaya And ANR. v. Shri. Jagannath Ramkrishna Sawant And ORS.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10661 OF 2015 The Principal, Pancham Khemraj Mahavidyalaya, Sawantwadi & Anr.
...Petitioners
V/s.
Somnath V. Dalvi & Ors.
...Respondents
WITH WRIT PETITION NO.10639 OF 2015 The Principal, Pancham Khemraj Mahavidyalaya, Sawantwadi & Anr.
...Petitioners
V/s.
Jagannath R. Sawant & Ors.
...Respondents
WITH WRIT PETITION NO.10658 OF 2015 The Principal, Pancham Khemraj Mahavidyalaya, Sawantwadi & Anr.
...Petitioners
V/s.
Krishna S. Desai & Ors.
...Respondents
Mr.Nagesh Dahibavkar i/b Milind Parab & Associates for the Petitioners.
Mr.Bahul Bhosale for the Respondent No.1.
Mr.A.B. Metkari, A.G.P. for Respondent Nos.2 and 3. CORAM : R.D. DHANUKA, J.
DATE : 28TH MARCH, 2016.
P.C. :- 1.
Rule. The respondents waive service. All the writ petitions 1/3
are heard finally by consent of parties.
2.
By these writ petitions filed under Articles 226 and 227 of the Constitution of India the petitioners have impugned the order dated 1st October, 2015 passed by the Mumbai University and College Tribunal by which the Tribunal had granted ad-interim relief in terms of prayer clauses (a) and (b) of the stay application dated 27th August, 2015, which was filed by three Peons, who are the original appellants before the Tribunal and respondent no.1 herein. 3.
By an order dated 26th October, 2015 passed by this Court in these three writ petitions, ad-interim order passed by the Tribunal is stayed.
4.
Learned counsel appearing for the respondent no.1 in all the three matters states that by virtue of ad-interim order granted by this Court, the Tribunal is not proceeding with the three appeals filed by the respondent no.1. He submits that the next date of appeals is 5th April, 2016.
5.
Both the parties have agreed to this Court that they will proceed with the said three appeals filed by the respondent no.1 on 5th April, 2016 or on any other date as may be fixed by the Mumbai University and College Tribunal. The statement is accepted. 6.
Since the ad-interim order passed by this Court is in force since 26th October, 2015, it would be more appropriate if the appeals 2/3
filed by the respondent no.1 which are pending before the Mumbai University and College Tribunal themselves are heard expeditiously. Both the parties have agreed to co-operative with each other and also with the Presiding Officer of the Mumbai University and College Tribunal in expeditious disposal of the appeals filed by the respondent no.1.
7.
The Presiding Officer, Mumbai University and College Tribunal shall make an endeavor to dispose of Appeal Nos.2 of 2015, 3 of 2015 and 4 of 2015 filed by the respondent no.1 within three months from today.
8.
It is made clear that this Court has not expressed any views on the merits of the matter. All the contentions raised by both the parties are kept open. Ad-interim order passed by this Court on 26th October, 2015 to continue till the disposal of the appeals and for a period of two weeks thereafter.
9.
Rule is made absolute in aforesaid terms. No order as to costs.
10.
All parties as well as the Presiding Officer, Mumbai University and College Tribunal to act on the authenticated copy of this order.
(R.D. DHANUKA, J.) 3/3